“Fubara Can’t Just Discard People’s Mandate”, Says HURIWA

By Ayodele Oni

“Fubara’s nonchalant attitude gives room for concern and is disappointing”

The Human Rights Writers Association of Nigeria (HURIWA) has reminded suspended Rivers state Governor, Siminalayi Fubara that the mandate he is holding belongs to the people.

Reacting  to the recent remarks by Governor Fubara, suggesting his lack of interest in returning to office,  the association warned that such developments—regardless of the governor’s personal disposition—should not be normalized in a constitutional democracy.

In a statement issued, on Monday in Abuja, and signed by Emmanuel Onwubiko, National Coordinator, HURIWA stressed that Nigeria’s democracy is anchored on the rule of law, the supremacy of the constitution, and the sanctity of electoral mandates.

The Association expressed deep concern that Governor Fubara’s nonchalance, reflected in his public remarks at the service of songs held for the late elder statesman, Chief Edwin Clark, could be misinterpreted as acceptance of an illegality and further embolden anti-democratic forces.

At the Port Harcourt event on Sunday, Fubara was quoted as saying, “Can’t you see how better I look? Do you think I am interested in it? Do you even know if I want to go back there? My spirit had already left that place long ago.”

HURIWA said while the comments may reflect his personal frustrations, they do not erase the fact that a sitting President has no constitutional powers to suspend a duly elected governor and impose a sole administrator over a federating unit.

“We are not responding to the person of Governor Fubara, but to the dangerous implications of what has happened in Rivers State.

“The President of Nigeria, as powerful as his office may be, has no constitutional right to suspend a governor or appoint a military administrator over any state. What has taken place in Rivers State is a coup against the Nigerian Constitution.”

Nowhere in the Constitution, HURIWA said, is a President empowered to arbitrarily suspend a state governor or hand over governance to an unelected appointee.

“Again, the Association emphasized that Section 11(4) of the Constitution only allows the National Assembly to intervene in the affairs of a state in a time of breakdown of law and order—but even that does not empower the President to suspend governors or impose unelected administrators.

“The section provides that the National Assembly may make laws for peace and order, not remove or suspend a governor from office.

“It is a mockery of our constitutional democracy for the federal government to take over a state without a formal declaration of a state of emergency by the National Assembly as required under Section 305.

“Even if there is a state of emergency, the law does not give the President the powers to impose a sole administrator. The office of the governor is a constitutional creation—not a presidential appointee.

“Even if Governor Fubara says he is tired or uninterested, it is not his mandate to discard. That mandate belongs to the people of Rivers State who elected him.

“No governor can be suspended by executive fiat. What we are witnessing is an unconstitutional power grab that must be resisted by all democratic forces.”